§ 22-229. Notice of unsafe building.

(a)

The building official shall prepare and issue a notice of unsafe building directed to the owner of record of the building or structure. The notice shall contain, but not be limited to, the following information:

(1)

The street address and legal description of the building, structure or premises.

(2)

A statement indicating the building or structure has been declared unsafe by the building official, and a detailed report documenting the conditions determined to have rendered the building or structure unsafe under the provisions of this article.

(3)

A statement advising that if the following required action as determined by the building official is not commenced within or completed by the time specified, the building will be ordered vacated and posted to prevent further occupancy until the work is completed and the building official may cause the work to be done and all costs incurred charged against the property or the owner of record:

a.

If the building or structure is to be repaired, the notice shall require that all necessary permits be secured and the work commenced within 60 days and continued to completion within such time as the building official determines. The notice shall also indicate the degree to which the repairs must comply with the provisions of the Florida Building Code, in accordance with section 22-223.

b.

If the building or structure is to be vacated, the notice shall indicate the time within which vacation is to be completed.

c.

If the building or structure is to be demolished, the notice shall require that the premises be vacated within 60 days, that all required permits for demolition be secured and that the demolition be completed within such time as determined reasonable by the building official.

(4)

A statement advising that any person having any legal interest in the property may appeal the notice by the building official to the board of adjustments and appeals, and that such appeal shall be in writing in the form specified in section 22-234 and shall be filed with the building official within 30 days from the date of the notice and that failure to appeal in the time specified will constitute a waiver of all rights to an administrative hearing.

(b)

The notice and all attachments thereto shall be served upon the owner of record and posted on the property in a conspicuous location. A copy of the notice and all attachments thereto shall also be served on any person determined from official public records to have a legal interest in the property. Failure of the building official to serve any person required to be served under this section other than the owner of record shall not invalidate any proceedings under this article, nor shall it relieve any other person served from any obligation imposed on him.

(c)

The notice shall be served either personally or by certified mail, postage prepaid, return receipt requested, to each person at the address as it appears on the official public records. If addresses are not available on any person required to be served the notice, the notice addressed to such person shall be mailed to the address of the building or structure involved in the proceedings. The failure of any person to receive notice, other than the owner of record, shall not invalidate any proceedings under this article. Service by certified or registered mail as described in this subsection shall be effective on the date the notice was received as indicated on the return receipt.

(d)

Proof of service of the notice shall be by written declaration indicating the date, time and manner in which service was made and signed by the person served on by the return receipt.

(Code 1960, § 5-58; Code 1992, § 5-214)